Michael Creed (Cork North West, Fine Gael)
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Question 613: To ask the Minister for Defence if he has received correspondence from the Ombudsman for the Defence Forces regarding work place complaints of bullying and harassment by members of the Army nursing services; the reason he has failed to respond to this correspondence to date; and if he will make a statement on the matter. [12398/10]

Brian Cowen (Laois-Offaly, Fianna Fail)
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I can confirm that correspondence has been received from the Ombudsman for the Defence Forces in relation to the matter referred to by the Deputy.

It should be noted that in the case of a serving member of the Defence Forces an action may only be investigated by the Ombudsman for the Defence Forces where a complaint regarding that action was first made under section 114 of the Defence Act 1954. Section 290 of the Defence Act, 1954 which deals with the application of the Act to members of the ANS, specifies the relevant sections of the Act which are applicable to a member of the ANS, one of which is not section 114.

Members of the Army Nursing Service (ANS) have recourse to a Redress of Wrongs Process under Section 19 of Defence Force Regulation A14. Members of the ANS may if they so choose opt to join a trade union and in that context they are entitled to avail of the full range of industrial relations machinery which is available to employees generally. The availability of access to union membership and consequently to redress through normal industrial relations machinery to members of the ANS is the reason why the ANS is excluded from seeking redress through the Ombudsman for the Defence Forces.

With regard to the particular alleged complaint the member of the ANS involved lodged a formal complaint dated 25th May 2009 with the military authorities which has been the subject of ongoing investigation. Representations were also received on behalf of the individual from the Industrial Relations Officer of the Irish Nurses Organisation (INO).

As the investigation was ongoing for some time holding responses to the correspondence from the Ombudsman were issued and a status update on the case was requested from the military authorities. This was received on 12th February 2010 and a detailed response is currently being prepared which will be issued to the office of the Ombudsman.